The Office of the Visayas Ombudsman has cleared two incumbent councilors and five former Sangguniang Bayan members of Moises Padilla town in Negros Occidental of grave misconduct and dereliction of duty charges, which were filed against them by Vice Mayor Cipriano Remo, for lack of substantial evidence.
Cleared of administrative charges were incumbent councilors Marvin Tan and Noli Ogatis, former SB members Dolly Yasa, Loreli Aurelio, Jose Roy Nalagon, Jesus Damaso Garcia and Alphine Nikko Alonso.
Yasa yesterday said Aurelio passed away last week, due to a lingering illness caused by an accident, while performing her duties as Moises Padilla councilor on her first term from 2004 to 2007.
The Ombudsman, in its decision penned by Graft Investigator Irish Inabangan Amores, which was approved by Deputy Ombudsman Pelagio Apostol, states that “We cannot reasonably and validly deduce grave misconduct or dereliction of duty on the part of the respondents “.
In his complaint, Remo alleged that the respondents had been conspicuous in their absences in the sessions of the Sangguniang Bayan of Moises Padilla from March to June 2010. He further claimed that, due to the respondents’ unexplained and deliberate absences, no quorum was attained by the SB, thus no resolution or ordinance was passed up to the filing of the case.
He also said that, because of the unwarranted behavior of the respondents on March 17, 2012 the SB opted to exercise its power provided under paragraph b, section 53 chapter 3 title II, Book 1 of the Local Government Code of 1991 to order the arrest of its absentee members to compel their appearance and presence in the session.
The Ombudsman, however, said that, Remo, as the complainant, failed to substantiate his case.
It said that the proof of notice to respondents on the special sessions for March 2010 showed they were not given to the respondents themselves but to their relatives or family members.
The decision also said there was no substantial proof that respondents had indeed committed four consecutive absences from the regular sessions of the SB which might warrant administrative liability.*GPB
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